A57975:468
Lex, Rex
Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the aid and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet entitled Sacro-sancta regum majestas, or, The sacred and royal prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelate. : with a scriptural confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions.Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the ayd and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet intituled Sacro-sancta regum majestas, or, The sacred and royall prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelat. : with a scripturall confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions.
London: printed for John Field, 1644London: printed for Iohn Field, 1644
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
8. If inferior Judges be Deputies of the King, not of God, and have all their authority from the King, then may the King limit the practise of these inferior Judges. Say that an inferior Judge hath condemned to death an Parricide, and he be conveying him to the place of execution, the King cometh with a force to rescue him out of his hand, if this inferior Magistrate bear Gods sword for the terror of ill doers, and to execute Gods vengeance on murderers, he cannot but resist the King in this, which I judge to be his Office: for the inferior Judge is to take vengeance on ill doers, and to use the coactive force of the sword, by virtue of his Office, to take away this Parricide, now if he be the Deputy of the King, he is not to break the jaws of the wicked, Job 29.17. not to take vengeance on evil doers, Rom. 13.4. nor to execute judgement on the wicked, 1Ps. 149, 9. nor to execute judgment for the fatherlesse, De. 10.18. except a mortal man his Creator, the King say, Amen. Now truly then God, in all Israel, was to rebuke no inferior Judge for perverting judgement, As he doth, Exod. 23.2.6. Mic. 3.2, 3, 4. Zach. 3.3. Numb. 25.5. Deut. 1.16. For the King only is Lord of the conscience of the inferior Judge, who is to give sentence, and execute sentence righteously upon condition, that the King the only univocal and proper Judge, first, decree the same, as Royalists teach.
8. If inferiour Iudges be Deputies of the King, not of God, and have all their authority from the King, then may the King limit the practise of these inferiour Iudges. Say that an inferiour Iudge hath condemned to death an Paricide, and he be conveying him to the place of execution, the King commeth with a force to rescue him out of his hand, if this inferiour Magistrate beare Gods sword for the terrour of ill doers, and to execute Gods vengeance on murtherers, he cannot but resist the King in this, which I judge to be his Office: for the inferiour Iudge is to take vengeance on ill doers, and to use the coactive force of the sword, by vertue of his Office, to take away this Paracide, now if he be the Deputy of the King, he is not to breake the jawes of the wicked,